Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-03-26

Abozf tAs Right Of the Lextshaturs n tAs
Special Session to EeOs a UnIted states
SsnAeor.
- AZ EdEDr a. Ae ReaSE
After examining the subject we are SUI
Prised TO and that any person should enter
tain 4 doubt Of the right Of the Legislature
TO elect = c. s Senator at the exsnaOrdi-
nary session called BY the Governor
/ Because the federal constitution,
which Il supreme, provides that If W.
eAncies happen By resignation o. otherwise
tIn c. s Senate daring the recess Of the
Legislature OF any State, the Executive
thereof may make temporary appoint
ment until the next meeting OF the Legs
lAture, which Legislature shall then nj
such yacaneieAn
= The case Of Samuel S. Phelps, ap-
pOlnted Senator, during recess Of Legsla-
ture, By the Governor Of Vermont 1853,
10 M = vacancy happening 6y tie death
Of VIM Upham, which i more IN point
than any other case from l7S9 ts 1855, and
which eOnstrges said constitutional prOyi-
SION, and has never been Oyerruied. settles
the question
A Legislature having met after the ap-
pOintment OF Phelps, which did not pro
ceed 10 elect . Senator, the Senate reSolv-
Cd That the Hon Samuel q. Phelps Is
not entitled TO retain his seat IN the Sen
ate or the United States, > and this resOlu-
ton was based On the report OF the Senate
Judiciary Committee 20 whom the matter
wa reierTad. from which We extract the
~ zanzThlz HnrlE-
The senate OF the United States = COM
posed Of organized constituencies, the
State Legislatures; 70 them belongs pm
ularly the power Of electlng their Sena-
tors. when they are in session, ~ the hap
pening Of the vacancy, anal II their hrSt
meeting when it happens IN the recess, and
on them devOIveS the exclusive JurlSdlc-
ton OF filling such vacancies Their night
and authority tO MI or supply vacancies
which have been temporarily hLad By
executive appointment are as absolute and
exclusive ~ wAs their power In An Orlglna!
election. When their power II brought
INTO existence II must suPersede all Others,
with this Qualification and according 10
precedent. that they have \ session tO
make the choice. IN our view u does not
depend on the actual exeTtiOu Oftbe power
to elect but on It's existence A Senator,
under an executive appointment may or
MAY not represent the political views OF
his State: be may be the mere personal
ElvOrite OF the Governor. The Senate, -
Ear ~ practicable. should be made 10 rep
resent Its constitutional constituency, and
in tins respect should preserve the Kepub-
Hcan feature of our Union.
In this connection. We may refer 70 the
Blair caSe, which while not IN point IN the
main. vet has sOme good things IN II nom
Mr.. james u Blame. who denied the eX-
eruuvr power % appoint for a term Mr..
b said. Il remember very well IN the Bell
discussion. when senator COnkhng. Of New
York. put a question ID senator Hill. OF
Georgia. IN regard 10 the power OF the GOy-
eruOr 70 I'll the term. senator COnkiIng
said. II that power exists, the Governor.
bv COLLISION with the legislature. could,
from time "a N put on an election ana
Ill the vacancy Gus OF his own creatures
and to suit himself. Mr. +. concludes
! mastery argument As follows, Il shall
vote against this gentleman admission,
believing the precedent N the amman
case 70 be the Correct one, and shall 90
20 the more ~cherrfully beeAuSe | am Lot
ashamed 10 De found ~ 4 lawyer IN cOm-
pa0y with the memoy OF Carpenter, oi
Wisconsin. with tue opinion Of Judge
Davis. of Illinois. who voted with NE, and
with the present Attorney General OF the
United States VINO made = learned and
exhaustive argument upon the same side
. Because sections II, -, 10, l.. i.
Iad -, OF Chapter /, Of Revised Statutes
or the United SuUes have made provision
for an election AZ such 4 session.
l. Because the constitution Oi the Legs
lature 81 West Virginia Of the federal
constitutional provision involved requires
such an election. section ~, page %,
Warth's Code provides. When a Vacancy
saall happen during the recess VI the LeG-
lsietUTe IN the representation from this
State IN the Senate CT the United states,
aud the Executive shall make \ temp0rl-
~ appointment u Ill such vacancy, the
Governor shall Cause ! CTefentiIl, under
hs hand and the great seal Of this State,
"a be delivered 10 the person - appointed.
70 the following effect.
STATE Of Wed ~gyDsng5d. fo-tcit:
4. Z. who wlS. according 70 the COnstI-
tuition Of the United States, a senator from
this STATE for the term ending on the third
dAy OF March. in the wear - having
died. resigned OF otherwise. 2S the case
i Nv be. during the recess Of the LegISla-
ture. !. - Governor OF West Virginia,
30. by tie virtue Si the SAID Constitution,
appoint c. D. OF the County f. \
senator from tins state in the senate Of
United States, UNTIL The NEXT MEETING
og THE L~EGI<LATJRE, and No longer.
- that rhe Hon. ID. b. Lucas. Senate
having aG5ournedI VIII not get 10 take 4
seat in tlct IN the United StLteS Senate At
all. hot will only enjoy the privilege anu
Drecarious honor OF I right to l seat N
THAI august body rs the representative Of
Mr.. E. Willis Wilson and himself alone.
with enough salary. perhaps % reimburse
him partially for campaign expenses
Now. that We nave clearly established the
right and duty OF the Legislature 20 elect I
senator n the extra session. We are in
clined AZ another time with yOur kind
permission 70 give Won some further re-
marks On the situation, and tel yOurt
readers how one Of their fellow citizens,
who las had opportunities for observation,
his been impressed with the late contest
and WIKI the attitude Of some OF the parti-
cipants therein of high and low degree.
Jackson County. PuBLICuS, il.